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Six Years Meted In Wabash County Fatal

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WABASH – Carl Burt, 64, Warsaw, will serve up to six years in prison for his role in the 2013 death of Warsaw architect Mary Ellen Rudisel-Jordan.
Wabash Circuit Court Judge Robert McCallen sentenced Burt to seven years in the Indiana Department of Corrections with one year suspended on probation Monday afternoon.
Police say Burt caused Jordan’s death in a head-on collision when Burt was driving in the wrong lane just south of the Kosciusko/Wabash county line.
Burt pleaded “guilty but mentally ill” to a single count of reckless homicide on Jan. 30 in connection with the crash.
Arguments were heard on the sentencing last week, and McCallen took a week to make his decision.
“Remorse is a double-edged sword,” McCallen said. “I don’t think the remorse is for the deceased, it’s because he knows he has to pay the price for what he did.”
McCallen pointed to Burt’s two prior convictions for operating a motor vehicle under the influence of drugs or alcohol as reasons for his decision.
After the 2013 crash, Burt tested positive for three narcotic drugs, according to court records.
During last week’s hearing, Burt testified the drug  test was a result of his prescription valium breaking down in his system.
“The big takeaway from this case is that it could happened to anyone,” said Burt’s lawyer, Alan Zimmerman, in an interview after the sentencing. “How many people actually read thier prescriptions bottles for side effects? How many drive-thru pharmacies explain to people that they shouldn’t take the medication and drive?”
A charge of causing a death while operating a motor vehicle while intoxicated was dropped as part of the plea agreement.
McCallen said he was going close to the maximum sentence of eight years. “When this is all over, he gets to go home, the deceased doesn’t get to do that,” he said.
Zimmerman argued for leniency based on numerous medical conditions.
McCallen said Burt seemed to be alert when his defense lawyer asked questions but struggled when the prosecutor or the judge asked.
The judge also said when detectives first interviewed Burt, he immediately told them to talk to his lawyer.
“He must of been somewhat alert if he had the wherewithal to do that,” McCallen said.
McCallen said he would allow Burt to serve the time in an IDOC-approved medical facility. Placement will be decided by IDOC at a later date.
Al Plummer, Wabash County deputy prosecutor, said the sentence was just about the best he could hope for.